No Joint Tenancy With Rights of Survivorship in Louisiana

Oct 27, 2021 by Ciolino & Onstott

No Joint Tenancy With Rights of Survivorship in Louisiana
Louisiana does not have joint tenancy with rights of survivorship.
As probate attorneys in New Orleans, our objective is to help educate our clients on all aspects of estate planning, succession, and probate. We are frequently asked about co-ownership of property, especially when one of the owners has passed away. 

Many states use a concept called "Joint Tenancy with Rights of Survivorship," which causes a co-owner to inherit from another co-owner upon the first co-owner's passing. However, Louisiana does not recognize Joint Tenancy with a Right of Survivorship. Therefore, the laws that affect co-owners may result in surprising outcomes. In this blog post, you'll learn how Louisiana law impacts successions and inheritance when a co-owner passes away. 

This blog post is for informational and educational purposes only. It should not be used as a substitute for legal advice. For legal advice related to your Louisiana estate planning and probate needs, schedule your free consultation with Ciolino & Onstott now! 

Louisiana Co-Ownership of Property: What Happens After Death?

Louisiana does not recognize joint tenancy with rights of survivorship (JTWROS). Louisiana is a community property state. Often, when people decide to co-own property together, it is because they are married to each other. When someone is married at the time of their death, laws regarding community property in Louisiana apply. 

Related: Louisiana Intestate Law: Who Inherits, and What Do They Get?

Unmarried individuals may also choose to purchase a home together, either as a residence or as an investment. Furthermore, people also inherit property from their parents and co-own this property with their siblings, who also inherited the property. When co-owners are not married to each other, then Louisiana succession laws apply without regard to the Community Property Regime. 

In these circumstances, estate planning is particularly important. When a co-owner passes away, then their interest will be inherited by that co-owner's heirs. The surviving co-owner may find themselves co-owning property with people that they did not intend to co-own property with, and possibly even with people that they did not know existed! 

Free Consult: Co-Ownership of Property

Estate planning is key when it comes to co-ownership of property in Louisiana. Without joint tenancy with rights of survivorship, you must understand how Louisiana probate laws and community property laws can affect you. To learn more about co-ownership of property in Louisiana, schedule a free consultation with our New Orleans probate attorneys. We take great care in providing custom solutions to meet the needs of our clients. Don't wait - schedule now! 

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